The U.S. Ninth Circuit Court of Appeals held this week that web scraping does not violate the U.S. Computer Fraud and Abuse Act — allowing analytics company hiQ to continue scraping publicly available profile information from LinkedIn for its own business purposes. The decision, writes Goodwin Procter Partner and IAPP Westin Emeritus Fellow Omer Tene, “crystalizes the deep divide around the notion of privacy and data protection between Europe and the U.S.” Tene explores the history of the case, its privacy implications, and the divide between the EU and U.S. Editor’s note: IAPP General Counsel and DPO Rita Heimes, CIPP/E, CIPP/US, CIPM, explored the implications of the LinkedIn-hiQ court case.
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